38696 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

The DoD has exempted records 

maintained in this system from 5 U.S.C. 

552a(c)(3); (d)(1), (2), (3), and (4); 

(e)(4)(G), (H), and (I); and (f) pursuant to 

5 U.S.C. 552a(k)(1). In addition, when 

exempt records received from other 

systems of records become part of this 

system, the DoD also claims the same 

exemptions for those records that are 

claimed for the prior system(s) of 

records of which they were a part, and 

claims any additional exemptions set 

forth here. An exemption rule for this 

system has been promulgated in 

accordance with requirements of 5 

U.S.C. 553(b)(1), (2), and (3), (c), and (e), 

and published in 32 CFR part 310. 

HISTORY: 

None. 

[FR Doc. 2021–15601 Filed 7–21–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2021–SCC–0074] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

Impact Aid Electronic Data Collection 

(EDC) Program Questionnaire 

AGENCY: Office of Elementary and 

Secondary Education (OESE), 

Department of Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, ED is 

proposing a new information collection. 

DATES: Interested persons are invited to 

submit comments on or before August 

23, 2021. 

ADDRESSES: Written comments and 

recommendations for proposed 

information collection requests should 

be sent within 30 days of publication of 

this notice to www.reginfo.gov/public/ 

do/PRAMain. Find this information 

collection request by selecting 

‘‘Department of Education’’ under 

‘‘Currently Under Review,’’ then check 

‘‘Only Show ICR for Public Comment’’ 

checkbox. Comments may also be sent 

to ICDocketmgr@ed.gov. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Nicholas Di 

Taranto, 202–453–7457. 

SUPPLEMENTARY INFORMATION: The 

Department of Education (ED), in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3506(c)(2)(A)), provides the general 

public and Federal agencies with an 

opportunity to comment on proposed, 

revised, and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. ED is 

soliciting comments on the proposed 

information collection request (ICR) that 

is described below. The Department of 

Education is especially interested in 

public comment addressing the 

following issues: (1) Is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. Please note 

that written comments received in 

response to this notice will be 

considered public records. 

Title of Collection: Impact Aid 

Electronic Data Collection (EDC) 

Program Questionnaire. 

OMB Control Number: 1810–NEW. 

Type of Review: A new information 

collection. 

Respondents/Affected Public: State, 

Local, and Tribal Governments. 

Total Estimated Number of Annual 

Responses: 30. 

Total Estimated Number of Annual 

Burden Hours: 8. 

Abstract: The Impact Aid Program 

(IAP) in the Office of Elementary and 

Secondary Education (OESE) at the U.S. 

Department of Education (the 

Department) requests clearance for the 

Electronic Data Collection (EDC) 

Program Questionnaire. This is a new 

information collection request. As part 

of the Impact Aid 7003 application, 

Local Educational Agency’s (LEA) are 

required to submit data concerning 

federally-connected children within 

their LEA. In the past LEAs have 

collected this information using paper 

forms, but more recently, and 

particularly this past year, there has 

been more interest from LEAs to collect 

this data electronically. The purpose of 

the EDC program is to reduce 

administrative burden and to create a 

set of best practices to assist other LEAs 

in the development their own electronic 

systems. The questionnaire will allow 

IAP staff to provide in depth technical 

assistance to LEAs and potentially 

increase efficiency and reduce costs 

associated with the Impact Aid data 

collection process. Prior to Impact Aid 

approval of an EDC program, the LEA 

must successfully demonstrate that their 

system complies with all requirements 

of the Impact Aid program: U.S.C. 7703 

and 7705, and regulations at 34 CFR 

222.39–35. 

Dated: July 19, 2021. 

Kate Mullan, 

PRA Coordinator, Strategic Collections and 

Clearance, Governance and Strategy Division, 

Office of Chief Data Officer, Office of 

Planning, Evaluation and Policy 

Development. 

[FR Doc. 2021–15609 Filed 7–21–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[Case Number 2020–025, EERE–2017–BT– 

WAV–0041] 

Energy Conservation Program: 

Extension of Waiver to AHT Cooling 

Systems GmbH and AHT Cooling 

Systems USA Inc. From the 

Department of Energy Commercial 

Refrigerator, Freezer, and RefrigeratorFreezer Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of extension of 

waiver. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is granting a waiver 

extension (Case No. 2020–025) to AHT 

Cooling Systems GmbH and AHT 

Cooling Systems USA Inc. (‘‘AHT’’) 

from specified portions of the DOE 

Commercial Refrigerators, Freezers, and 

Refrigerator-Freezers (collectively 

‘‘commercial refrigeration equipment’’ 

or ‘‘CRE’’) test procedure for 

determining the energy consumption of 

the specified AHT CRE basic models. 

Under this extension, AHT is required 

to test and rate the specified basic 

models in accordance with the alternate 

test procedure specified in the Order. 

DATES: The Extension of Waiver is 

effective on July 22, 2021. The 

Extension of Waiver will terminate 

upon the compliance date of any future 

amendment to the test procedure for 

CRE located in 10 CFR part 431, subpart 

C, appendix B that addresses the issues 

presented in this waiver. At such time, 

AHT must use the relevant test 

procedure for the specified basic models 

of CRE for any testing to demonstrate 

compliance with standards, and any 

other representations of energy use. 

FOR FURTHER INFORMATION CONTACT:

Ms. Lucy deButts, U.S. Department of 

Energy, Office of Energy Efficiency and 


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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38697 

1AHT’s request is available at https://

www.regulations.gov/docket?D=EERE-2017-BTWAV-0041. The specified basic models are: IBIZA 

100 (U) NAM–F, IBIZA 145 (U) NAM–F, IBIZA 210 

(U) NAM–F, MALTA 145 (U) NAM–F, MALTA 185 

(U) NAM–F, MANHATTAN XL 175 (U) NAM–F, 

MANHATTAN XL 210 (U) NAM–F, MIAMI 145 (U) 

NAM–F, MIAMI XL EC 185 (U) NAM–F, MIAMI 

210 (U) NAM–F, MIAMI 250 (U) NAM–F, PARIS 

145 (U) NAM–F, PARIS EC 185 (U) NAM–F, PARIS 

210 (U) NAM–F, PARIS 250 (U) NAM–F, SYDNEY 

175 (U) NAM–F, SYDNEY 210 (U) NAM–F, 

SYDNEY EC 213 (U) NAM–F, SYDNEY EC 223 (U) 

NAM–F, SYDNEY 230 (U) NAM–F, SYDNEY 250 

(U) NAM–F, SYDNEY XL 175 (U) NAM–F, 

SYDNEY XL 210 (U) NAM–F, SYDNEY XL 250 (U) 

NAM–F, MONTREAL SLIM 175 (U) NAM–F, 

MONTREAL SLIM 210 (U) NAM–F, MONTREAL 

SLIM 250 (U) NAM–F, MONTREAL SLIM PUSH 

175 (U) NAM F, MONTREAL SLIM PUSH 210 (U) 

NAM–F, MONTREAL SLIM PUSH 250 (U) NAM– 

F, MONTREAL XL 175 (U) NAM–F, MONTREAL 

XL 210 (U) NAM–F, MONTREAL XL 250 (U) NAM– 

F, MONTREAL XL EC 185 (U) NAM–F, 

MONTREAL XL EC 210 (U) NAM–F, MONTREAL 

XL EC PUSH 185 (U) NAM–F, MONTREAL XL EC 

PUSH 210 (U) NAM–F, MONTREAL XL PUSH 175 

(U) NAM–F, MONTREAL XL PUSH 210 (U) NAM– 

F, and MONTREAL XL PUSH 250 (U) NAM–F. 

2All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020). 

3For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated as Part A–1. 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW, Washington, 

DC 20585–0121. Email: AS_Waiver_

Requests@ee.doe.gov. 

Mr. Pete Cochran, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–33, Forrestal Building, 

1000 Independence Avenue SW, 

Washington, DC 20585–0103. 

Telephone: (202) 586–9496. Email: 

peter.cochran@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with Title 10 of the Code of 

Federal Regulations (10 CFR 

431.401(g)), DOE gives notice of the 

issuance of an Extension of Waiver as 

set forth below. The Extension of 

Waiver extends the Decision and Order 

granted to AHT on October 30, 2018 (83 

FR 54581, ‘‘October 2018 Decision and 

Order’’) to include the AHT basic 

models specified in this waiver, as 

requested by AHT on November 12, 

2020.1 AHT must test and rate the 

specifically identified CRE basic models 

in accordance with the alternate test 

procedure specified in the October 2018 

Decision and Order. AHT’s 

representations concerning the energy 

consumption of the specified basic 

models must be based on testing 

according to the provisions and 

restrictions in the alternate test 

procedure set forth in the October 2018 

Decision and Order, and the 

representations must fairly disclose the 

test results. Distributors, retailers, and 

private labelers are held to the same 

requirements when making 

representations regarding the energy 

consumption of this equipment. (42 

U.S.C. 6314(d)) 

DOE makes decisions on waiver 

extensions for only those basic models 

specifically set out in the request, not 

future models that may be manufactured 

by the petitioner. AHT may submit a 

new or amended petition for waiver and 

request for grant of interim waiver, as 

appropriate, for additional basic models 

of CRE. Alternatively, if appropriate, 

AHT may request that DOE extend the 

scope of a waiver to include additional 

basic models employing the same 

technology as the basic models set forth 

in the original petition consistent with 

10 CFR 431.401(g). 

Case Number 2020–025 

Extension of Waiver 

I. Background and Authority 

The Energy Policy and Conservation 

Act, as amended (‘‘EPCA’’),2 authorizes 

DOE to regulate the energy efficiency of 

a number of consumer products and 

certain industrial equipment. (42 U.S.C. 

6291–6317) Title III, Part C 3 of EPCA 

established the Energy Conservation 

Program for Certain Industrial 

Equipment, which sets forth a variety of 

provisions designed to improve energy 

efficiency for certain types of industrial 

equipment. This equipment includes 

Commercial Refrigerators, Freezers, and 

Refrigerator-Freezers (collectively 

‘‘commercial refrigeration equipment’’ 

or ‘‘CRE’’), the focus of this document. 

(42 U.S.C. 6311(1)(E)) 

The energy conservation program 

under EPCA consists essentially of four 

parts: (1) Testing, (2) labeling, (3) 

Federal energy conservation standards, 

and (4) certification and enforcement 

procedures. Relevant provisions of 

EPCA include definitions (42 U.S.C. 

6311), energy conservation standards 

(42 U.S.C. 6313), test procedures (42 

U.S.C. 6314), labeling provisions (42 

U.S.C. 6315), and the authority to 

require information and reports from 

manufacturers (42 U.S.C. 6316). 

The Federal testing requirements 

consist of test procedures that 

manufacturers of covered equipment 

must use as the basis for: (1) Certifying 

to DOE that their equipment complies 

with the applicable energy conservation 

standards adopted pursuant to EPCA (42 

U.S.C. 6316(a); 42 U.S.C. 6295(s)), and 

(2) making representations about the 

efficiency of that equipment (42 U.S.C. 

6314(d)). Similarly, DOE must use these 

test procedures to determine whether 

the equipment complies with relevant 

standards promulgated under EPCA. (42 

U.S.C. 6316(a); 42 U.S.C. 6295(s)) 

Under 42 U.S.C. 6314, EPCA sets forth 

the criteria and procedures DOE is 

required to follow when prescribing or 

amending test procedures for covered 

equipment. EPCA requires that any test 

procedures prescribed or amended 

under this section must be reasonably 

designed to produce test results which 

reflect the energy efficiency, energy use 

or estimated annual operating cost of 

covered equipment during a 

representative average use cycle and 

requires that test procedures not be 

unduly burdensome to conduct. (42 

U.S.C.6314(a)(2)) The test procedure for 

CRE is contained in 10 CFR part 431, 

subpart C, appendix B—Amended 

Uniform Test Method for the 

Measurement of Energy Consumption of 

Commercial Refrigerators, Freezers, and 

Refrigerator-Freezers (‘‘Appendix B’’). 

Any interested person may submit a 

petition for waiver from DOE’s test 

procedure requirements. 10 CFR 

431.401(a)(1). DOE will grant a waiver 

from the test procedure requirements if 

DOE determines either that the basic 

model for which the waiver was 

requested contains a design 

characteristic that prevents testing of the 

basic model according to the prescribed 

test procedures, or that the prescribed 

test procedures evaluate the basic model 

in a manner so unrepresentative of its 

true energy or water consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

431.401(f)(2). DOE may grant the waiver 

subject to conditions, including 

adherence to alternate test procedures. 

Id. 

A petitioner may request that DOE 

extend the scope of a waiver or an 

interim waiver to include additional 

basic models employing the same 

technology as the basic model(s) set 

forth in the original petition. 10 CFR 

431.401(g). DOE will publish any such 

extension in the Federal Register. Id. 

II. Request for an Extension of Waiver: 

Assertions and Determinations 

On October 30, 2018, DOE issued a 

Decision and Order in Case Number 

2017–007 granting AHT a waiver to test 

its AHT basic models specified in that 

Order using an alternate test procedure. 

83 FR 54581 (‘‘October 2018 Decision 

and Order’’). AHT stated that the basic 

models listed in the petition do not have 

a defrost cycle when operated in freezer 

mode, and therefore cannot be tested 

under Appendix B, which references 

defrosts for the start of the test period 

and door-opening period. 

Based on its review, including the 

information provided by AHT, DOE 


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38698 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

4The specified basic models are: IBIZA 100 (U) 

NAM–F, IBIZA 145 (U) NAM–F, IBIZA 210 (U) 

NAM–F, MALTA 145 (U) NAM–F, MALTA 185 (U) 

NAM–F, MANHATTAN XL 175 (U) NAM–F, 

MANHATTAN XL 210 (U) NAM–F, MIAMI 145 (U) 

NAM–F, MIAMI XL EC 185 (U) NAM–F, MIAMI 

210 (U) NAM–F, MIAMI 250 (U) NAM–F, PARIS 

145 (U) NAM–F, PARIS EC 185 (U) NAM–F, PARIS 

210 (U) NAM–F, PARIS 250 (U) NAM–F, SYDNEY 

175 (U) NAM–F, SYDNEY 210 (U) NAM–F, 

SYDNEY EC 213 (U) NAM–F, SYDNEY EC 223 (U) 

NAM–F, SYDNEY 230 (U) NAM–F, SYDNEY 250 

(U) NAM–F, SYDNEY XL 175 (U) NAM–F, 

SYDNEY XL 210 (U) NAM–F, SYDNEY XL 250 (U) 

NAM–F, MONTREAL SLIM 175 (U) NAM–F, 

MONTREAL SLIM 210 (U) NAM–F, MONTREAL 

SLIM 250 (U) NAM–F, MONTREAL SLIM PUSH 

175 (U) NAM F, MONTREAL SLIM PUSH 210 (U) 

NAM–F, MONTREAL SLIM PUSH 250 (U) NAM– 

F, MONTREAL XL 175 (U) NAM–F, MONTREAL 

XL 210 (U) NAM–F, MONTREAL XL 250 (U) NAM– 

F, MONTREAL XL EC 185 (U) NAM–F, 

MONTREAL XL EC 210 (U) NAM–F, MONTREAL 

XL EC PUSH 185 (U) NAM–F, MONTREAL XL EC 

PUSH 210 (U) NAM–F, MONTREAL XL PUSH 175 

(U) NAM–F, MONTREAL XL PUSH 210 (U) NAM– 

F, and MONTREAL XL PUSH 250 (U) NAM–F. 

determined that the CRE basic models 

specified in the October 2018 Decision 

and Order contain a design 

characteristic that prevents testing the 

basic models according to the 

prescribed test procedure at Appendix 

B. 83 FR 54581, 54582. The October 

2018 Decision and Order specifies that 

AHT must test and rate the subject basic 

models according to Appendix B, but 

with the test period starting after the 

unit achieves steady state conditions 

and the door-opening period starting 3 

hours after the start of the test period. 

Id at 83 FR 54583. 

On November 12, 2020, AHT 

submitted a request to extend the scope 

of the waiver, Case Number 2020–025, 

to specified additional AHT basic 

models.4 AHT stated that these basic 

models have the same characteristics as 

the models covered by the existing 

waiver. 

DOE has reviewed AHT’s waiver 

extension request and determined that 

the CRE basic models identified in 

AHT’s request incorporate the same 

design characteristics as those basic 

models covered under the waiver in 

Case Number 2017–007 (i.e., lack of 

defrost cycle when operated in freezer 

mode), which prevents testing the basic 

models according to the prescribed test 

procedure at Appendix B. DOE also 

determined that the alternate procedure 

specified in Case Number 2017–007 will 

allow for the accurate measurement of 

the energy use of the CRE basic models 

identified by AHT in its waiver 

extension request, while alleviating the 

testing problems associated with AHT’s 

implementation of DOE’s applicable 

commercial refrigeration equipment test 

procedure for the specified basic 

models. 

III. Order 

After careful consideration of all the 

material submitted by AHT in this 

matter, it is ordered that: 

(1) AHT must, as of the date of 

publication of this Extension of Waiver 

in the Federal Register, test and rate the 

following AHT brand commercial 

freezer basic models (which do not have 

defrost cycle capability when operated 

in freezer mode) with the alternate test 

procedure as set forth in paragraph (2): 

Brand Basic model 

AHT .. IBIZA 100 (U) NAM–F. 

AHT .. IBIZA 145 (U) NAM–F. 

AHT .. IBIZA 210 (U) NAM–F. 

AHT .. MALTA 145 (U) NAM–F. 

AHT .. MALTA 185 (U) NAM–F. 

AHT .. MANHATTAN XL 175 (U) NAM–F. 

AHT .. MANHATTAN XL 210 (U) NAM–F. 

AHT .. MIAMI 145 (U) NAM–F. 

AHT .. MIAMI XL EC 185 (U) NAM–F. 

AHT .. MIAMI 210 (U) NAM–F. 

AHT .. MIAMI 250 (U) NAM–F. 

AHT .. PARIS 145 (U) NAM–F. 

AHT .. PARIS EC 185 (U) NAM–F. 

AHT .. PARIS 210 (U) NAM–F. 

AHT .. PARIS 250 (U) NAM–F. 

AHT .. SYDNEY 175 (U) NAM–F. 

AHT .. SYDNEY 210 (U) NAM–F. 

AHT .. SYDNEY EC 213 (U) NAM–F. 

AHT .. SYDNEY EC 223 (U) NAM–F. 

AHT .. SYDNEY 230 (U) NAM–F. 

AHT .. SYDNEY 250 (U) NAM–F. 

AHT .. SYDNEY XL 175 (U) NAM–F. 

AHT .. SYDNEY XL 210 (U) NAM–F. 

AHT .. SYDNEY XL 250 (U) NAM–F. 

AHT .. MONTREAL SLIM 175 (U) NAM–F. 

AHT .. MONTREAL SLIM 210 (U) NAM–F. 

AHT .. MONTREAL SLIM 250 (U) NAM–F. 

AHT .. MONTREAL SLIM PUSH 175 (U) NAM F. 

AHT .. MONTREAL SLIM PUSH 210 (U) NAM–F. 

AHT .. MONTREAL SLIM PUSH 250 (U) NAM–F. 

AHT .. MONTREAL XL 175 (U) NAM–F. 

AHT .. MONTREAL XL 210 (U) NAM–F. 

AHT .. MONTREAL XL 250 (U) NAM–F. 

AHT .. MONTREAL XL EC 185 (U) NAM–F. 

AHT .. MONTREAL XL EC 210 (U) NAM–F. 

AHT .. MONTREAL XL EC PUSH 185 (U) NAM–F. 

AHT .. MONTREAL XL EC PUSH 210 (U) NAM–F. 

AHT .. MONTREAL XL PUSH 175 (U) NAM–F. 

AHT .. MONTREAL XL PUSH 210 (U) NAM–F. 

AHT .. MONTREAL XL PUSH 250 (U) NAM–F. 

(2) The alternate test procedure for the 

AHT basic models referenced in 

paragraph (1) of this Order is the test 

procedure for CRE prescribed by DOE at 

10 CFR part 431, subpart C, appendix B, 

except that the test period shall be 

selected as detailed. All other 

requirements of Appendix B and DOE’s 

regulations remain applicable. 

The test shall begin when steady state 

conditions occur (per ASHRAE 

Standard 72– 2005, Section 3, 

definitions, which defines steady state 

as ‘‘the condition where the average 

temperature of all test simulators 

changes less than 0.2 °C (0.4 °F) from 

one 24-hour period or refrigeration cycle 

to the next’’). Additionally, the dooropening requirements shall be as 

defined in ASHRAE 72–2005 Section 

7.2, with the exception that the eighthour period of door openings shall 

begin three hours after the start of the 

test. Ambient temperature, test 

simulator temperatures, and all other 

data shall be recorded at three-minute 

intervals beginning at the start of the 

test and throughout the 24-hour testing 

period. 

(3) Representations. AHT may not 

make representations about the energy 

use of a basic model listed in paragraph 

(1) of this Order for compliance, 

marketing, or other purposes unless that 

basic model has been tested in 

accordance with the provisions of 

paragraph (2) of this Order and such 

representations fairly disclose the 

results of such testing. 

(4) This Extension of Waiver shall 

remain in effect according to the 

provisions of 10 CFR 431.401. 

(5) This Extension of Waiver is issued 

on the condition that the statements, 

representations, and documentation 

provided by AHT are valid. If AHT 

makes any modifications to the controls 

or capabilities (e.g., adding automatic 

defrost to freezer mode) of these basic 

models, the waiver will no longer be 

valid and AHT will either be required 

to use the current Federal test method 

or submit a new application for a test 

procedure waiver. DOE may rescind or 

modify this Extension of Waiver (and/or 

the underlying Order issued in Case 

Number 2017–007) at any time if it 

determines the factual basis underlying 

the petition for extension of waiver 

(and/or the underlying Order issued in 

Case Number 2017–007) is incorrect, or 

the results from the alternate test 

procedure are unrepresentative of a 

basic model’s true energy consumption 

characteristics. 10 CFR 431.401(k)(1). 

Likewise, AHT may request that DOE 

rescind or modify the Extension of 

Waiver (and/or the underlying Order 

issued in Case Number 2017–007) if 

AHT discovers an error in the 

information provided to DOE as part of 

its petition, determines that the waiver 

is no longer needed, or for other 

appropriate reasons. 10 CFR 

431.401(k)(2). 

(6) AHT remains obligated to fulfill all 

applicable requirements set forth at 10 

CFR part 429. 

Signing Authority 

This document of the Department of 

Energy was signed on July 17, 2021, by 

Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38699 

1The permit application is for the connection of 

facilities to be operated at distribution-level voltage. 

Note that DOE regulations require ‘‘[a]ny person, 

firm, co-operative, corporation or other entity who 

operates an electric power transmission or 

distribution facility crossing the border of the 

United States, for the transmission of electric 

energy between the United States and a foreign 

country,’’ to hold a Presidential permit for the 

facility. 10 CFR 205.320(a). 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on July 19, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–15578 Filed 7–21–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

[OE Docket No. PP–485] 

Application for Presidential Permit; 

North Star Electric Cooperative 

AGENCY: Office of Electricity, 

Department of Energy. 

ACTION: Notice of application. 

SUMMARY: North Star Electric 

Cooperative has applied for a 

Presidential permit to construct, 

operate, maintain, and connect an 

electric transmission line across the 

United States border with Canada. 

DATES: Comments or motions to 

intervene must be submitted on or 

before August 23, 2021. 

ADDRESSES: Comments, protests, 

motions to intervene, or request for 

more information should be addressed 

by electronic email to 

Electricity.Exports@hq.doe.gov, or by 

facsimile to (202) 586–8008. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Lawrence (Program Office) 

at 202–586–5260 or via electronic mail 

at Christopher.Lawrence@hq.doe.gov; 

Christopher Drake (Program Attorney) at 

202–586–2919 or via electronic mail at 

Christopher.Drake@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

construction, operation, maintenance, 

and connection of facilities at the 

international border of the United States 

for the transmission of electric energy 

between the United States and a foreign 

country is prohibited in the absence of 

a Presidential permit issued pursuant to 

Executive Order (E.O.) 10485, as 

amended by E.O. 12038.1

On February 19, 2021 North Star 

Electric Cooperative, Incorporated 

(Applicant or North Star) filed an 

application (Application or App.) with 

the Office of Electricity of the 

Department of Energy (DOE) for a 

‘‘Presidential Permit authorizing the 

continued connection, operation, and 

maintenance of facilities for the 

transmission of electric energy at the 

international border between the United 

States and Canada.’’ App. at 1. The 

Applicant states that it ‘‘is a distribution 

cooperative member-owner of Minnkota 

Power Cooperative (‘‘Minnkota’’), a 

generation and transmission cooperative 

that provides wholesale power 

requirements to North Star and its other 

member-owner cooperatives.’’ Id. The 

Applicant’s principal place of business 

is in Baudette, Minnesota. Id. at 4. 

North Star states that it ‘‘currently 

serves 26 residential customers in 

Canada,’’ and that the facilities for 

which it seeks a Presidential permit 

‘‘comprise low-voltage (7,200 and 

14,400 volts) lines running from 

Minnkota’s International Falls 

substation in northern Minnesota 

approximately 10.35 miles to the 

border’’ noting that ‘‘the actual length of 

the line . . . is approximately 14.16 

miles’’ in the United States. Id. at 2 & 

n.2. North Star adds that it was unaware 

that a Presidential permit was required 

for its facilities, and that the 

Application aims to bring the 

cooperative into compliance with legal 

requirements. See it. at 3. 

The facilities for which North Star 

seeks a permit from Minnkota’s 

International Falls Substation northeast 

to the international border. See App. at 

5. Specifically, beginning at the 

substation, the facilities consist of ‘‘4.1 

miles of 14,000 volt three-phase 

underground lines, then 2.5 miles of 

14,000 volt three-chase overhead line, 

then 1.0 miles of 7,200 volt three-phase 

overhead line, then 4.0 miles of 7,200 

volt three-phase underwater line to an 

oil circuit recloser (‘‘OCR’’) breaker on 

the U.S. mainland.’’ Id. Beginning at the 

OCR breaker, ‘‘one single-circuit line 

continues north within the U.S. to serve 

additional customers located in the U.S. 

and the majority of the customers 

located in Canada, and a tap on that line 

heads east for about 1.2 miles toward 

the U.S./Canada border to serve the 

remaining two customers in Canadian 

waters.’’ Id. These facilities include ‘‘a 

0.15 mile stretch of 7,200 volt threephase overhead line, then 0.14 miles of 

7,200 volt singlephase overhead, and 

then 2.27 miles of 7,200 volt singlephase underwater line to the U.S./ 

Canada border, which is just beyond 

Curtis Island.’’ Id. The facilities include 

‘‘two single-circuit lines’’ crossing the 

border—‘‘[t]he first heads north from the 

Curtis Island . . . and feeds the majority 

of the customer accounts in Canadian 

waters,’’ and ‘‘[t]he second line heads 

east of Curtis Island and feeds the 

remaining two customer accounts in 

Canadian waters.’’ Id. at 6. 

North Star also proposes to upgrade 

some of its existing cross-border 

facilities, and requests that any permit 

‘include permission to make appropriate 

upgrades to the [f]acilities to enable 

North Star to continue to reliably serve 

the customers in [Canada].’’ App. at 3. 

The Applicant notes that it ‘‘does not 

expect to construct any additional crossborder facilities (i.e., new crossing 

points). Id. at 3 n.4 

Since the restructuring of the electric 

industry began, resulting in the 

introduction of different types of 

competitive entities into the 

marketplace, DOE has consistently 

expressed its policy that cross-border 

trade in electric energy should be 

subject to the same principles of 

comparable open access and nondiscrimination that apply to 

transmission in interstate commerce. 

DOE has stated that policy in export 

authorizations granted to entities 

requesting authority to export over 

international transmission or 

distribution facilities. Specifically, DOE 

expects transmitting utilities owning 

border facilities to provide access across 

the border in accordance with the 

principles of comparable open access 

and non-discrimination contained in the 

Federal Power Act and articulated in 

Federal Energy Regulatory Commission 

(FERC) Order No. 888 (Promoting 

Wholesale Competition Through Open 

Access Non-Discriminatory 

Transmission Services by Public 

Utilities; FERC Stats. & Regs. ¶ 31,036 

(1996)), as amended. 

Procedural Matters: Any person may 

comment on this application by filing 

such comment at the address provided 

above. Any person seeking to become a 

party to this proceeding must file a 

motion to intervene at the address 

provided above in accordance with Rule 

214 of FERC’s Rules of Practice and 

Procedure (18 CFR 385.214). Two copies 

of each comment or motion to intervene 

should be filed with DOE on or before 

the date listed above. 

Additional copies of such motions to 

intervene also should be filed directly 

with: Daniel E. Frank, 700 Sixth St. NW, 

Suite 700, Washington, DC 20001; 


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